Study On The Way Of Civil Liability For Ecological Infringement

At present,with the promotion of the ecological civilization construction in China,the public awareness of environmental protection is becoming stronger and stronger,and more and more attention is paid to environmental problems which are mainly environmental pollution and ecological destruction.The most important change of China’s newly revised Environmental Protection Law is to write "destroy the ecosystem" in the form of legislation for the first time.Although the legislation on environmental protection is constantly improving,the relevant provisions of the current single code adopt traditional sense of responsibility,the scope of which is relatively narrow.Thus,it can not meet the needs of the diversified ecological infringement cases in the real society,neither fully realize the recovery and relief of the victims’ rights.Therefore,improving the system of ecological tort liability is of great significance for the comprehensive protection of the ecological environment and the relief of victims’ rights in the field of ecological tort.This article mainly consists of four parts:In the first part,introduced by two cases the phenomenon that ecological tort liability system in China is not good enough to achieve the relief of the ecological tort cases is pointed out.And the author defines ecological tort liability bearing mode from the angle of semantic analysis,together with its legal characteristics and its constituent elements.In the first part,the ecological tort liability system in China is not enough to realize the relief of the ecological tort cases,and the ecological tort liability bearing mode is defined from the angle of semantic analysis,and its legal characteristics and its constituent elements are analyzed.The second part introduces different provisions of the foreign countries to bear the responsibility of the ecological tort liability.The author mainly analyzes the legislative model of three typical countries in Germany,Japan and the United States,and concludes legislation experience which is worthy of reference by our country’s ecological tort liability.In the third part,the legal way to undertake the responsibility of ecological tort in China is carding out.According to the functional classification,the legislative mode including "preventive responsibility mode","restorative responsibility mode" and "compensation liability mode" is set up.As three professional trials of environmental resources in China are made earlier,the author analyzes the innovative modes of bearing civil liability in those provinces in practice.The fourth part puts forward suggestions on how to undertake the civil liability of ecological tort in macro and micro aspects.Adopt the concept of complete environmental tort,incorporate the ecological tort into it,use the "environmental tort liability" as the title of the eighth chapter,and continue to adopt the "Trinity" responsibility bearing mode of legislation,enrich the content of the responsibility bearing mode,and establish a diversified ecological tort liability bearing mode.